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Results: 1-10 of 95

Technology transfer agreements: EU promulgates new antitrust rules
  • McDermott Will & Emery
  • European Union
  • April 30 2014

The licensing of technology is core to the business model of many companies operating in IP-sensitive industries. Its commercial benefits are myriad


Adding material from an ancestor application to an issued patent during reexamination not allowed
  • McDermott Will & Emery
  • USA
  • August 31 2009

Addressing the issue of permissibility of adding a subject matter from its ancestor application back into the issued patent during its reexamination, the U.S. Court of Appeals for the Federal Circuit upheld the finding of the Board of Patent Appeals and Interferences (Board) that it is impermissible to do so without showing that the subject matter was inherently present in the continuation-in-part application for the patent


Corporate restructuring results in loss of software license
  • McDermott Will & Emery
  • USA
  • November 30 2009

In a situation in which a corporate restructuring resulted in an original software licensee being restructured out of existence, the U.S. Court of Appeals for the Sixth Circuit determined that the ultimate holder of the software license after restructuring was not a permitted transferee and thus was liable for copyright infringement


Resellerslegitimate use of third party marks
  • McDermott Will & Emery
  • Global
  • March 27 2009

In Oracle International Corporation v Contractors Network Ltd 2008 D2008-1493 World Intellectual Property Organization (WIPO), the software giant, Oracle International, failed in its bid to have the disputed domain name oraclecontractors


Software ownership
  • McDermott Will & Emery
  • United Kingdom
  • June 30 2008

In the recent case of Laurence Wrenn v Stephen Landamore 2008 EWCA Civ 496, Mr Wrenn’s appeal was dismissed and Lord Justice Toulson held that he was liable to pay Mr Landamore royalties for his work on developing software for interfaces to enable third party audio equipment to work with car radios of particular manufacturers


Underscoring necessity of filing pre-verdict JMOL motions, Federal Circuit upholds permanent injunction, $240 million damages award against Microsoft
  • McDermott Will & Emery
  • USA
  • December 23 2009

The pivotal rulings by the Federal Circuit relate to validity and damage issues


Modchips: substantial part of a copyright work
  • McDermott Will & Emery
  • United Kingdom
  • January 15 2010

On 9 November 2009, the Court of Appeal of England and Wales upheld convictions in Worcester Crown Court against Christopher Gilham for a number of offences under Section 296ZB of the Copyright, Designs and Patents Act 1988 in relation to the sale and importation of modchips


High Court of England and Wales assesses issues of liability and damages in misuse of customer database
  • McDermott Will & Emery
  • United Kingdom
  • November 7 2013

In a case concerning the misuse of a customer database, the High Court of England and Wales has assessed damages for breach of confidence


Tenth Circuit overturns grant of summary judgment despite defendant’s “powerful arguments” regarding interpretation of copyright ownership license
  • McDermott Will & Emery
  • USA
  • September 28 2009

Analyzing an allegedly ambiguous contract in a complicated, multimillion-dollar dispute over source code copyrights for the Unix operating system, the U.S. Court of Appeals for the Tenth Circuit reiterated that “powerful arguments” are insufficient to warrant summary judgment and remanded for a trial


Copyright first-sale doctrine not applicable to computer crimes
  • McDermott Will & Emery
  • USA
  • August 31 2008

The U.S. Court of Appeals for the Eleventh Circuit rejected the contention that the first-sale doctrine provided a defense to criminal violation of the copyright laws by the purchaser of copyrighted material